In Varying Amounts: A Closer Look at How Pre-existing Conditions Impact Personal Injury Settlements

In personal injury claims, one factor that could affect how much settlement you receive is the existence of pre-existing conditions. These are health issues and even an injury you sustained long before the accident that caused your current injury. Opposing lawyers and insurance companies often question these conditions to reduce the compensation they will pay. 

However, these conditions will help you get the settlement you deserve. You just need to give extra attention to each strategy you plan. 

Defining Pre-existing Conditions

A pre-existing condition is a health problem a person has had for a long time. It existed before the incident that led to the personal injury claim. These conditions can be mild to severe and may need ongoing management or treatment. Some examples are:

• Diabetes: A condition that affects how the body controls blood sugar.
• Heart Disease: These conditions include congestive heart failure and coronary artery disease.
• Hypertension: A condition where arteries have consistently high pressure.
• Asthma: A condition that affects breathing due to inflamed airways.
• Arthritis: Inflammation of the joints that causes stiffness and pain.
• Mental Health Disorders: These include post-traumatic stress disorder (PTSD), bipolar disorder, anxiety, and depression.

Some of these conditions may have stayed with people since birth, while some were discovered within their teenage years or early adulthood prior to the accident or injury.

The Ways Pre-existing Conditions Affect Settlements

Here’s a guide on how your existing conditions can influence the money you’ll get if the other party decides to settle:

Understanding the “Eggshell Plaintiff” Rule

This legal doctrine protects people with pre-existing conditions in personal injury cases. The defendant is held responsible for the victim’s injuries, even if the victim is vulnerable because of a pre-existing condition. The defendant can’t argue that they should pay less because the victim has poor health to begin with.

So if your condition worsens due to the accident, the responsible party is still liable for the increased harm, regardless of your health prior to this. It makes sure you receive fair compensation for the damages the defendant has caused with their actions.

Distinguishing New Injuries from Pre-existing Conditions

The insurance company will argue that your pre-existing medical condition caused the injuries rather than the accident. This tactic plans to undermine or deny your claim. That’s why creating a solid line between new injuries and pre-existing conditions is essential.

Get detailed medical records before and after the accident to show the difference between your previous condition and the fresh injuries. You could have solid evidence when the pre-existing condition was stable or under control before the accident worsened afterward. The medical history can clearly illustrate your claim and may help win your personal injury case.

Ask a medical professional to testify about how severe your new injuries are and how the accident worsened them. These people can provide expert opinions and even show medical records on how the accident made your health even worse than before.

Proving Aggravation of a Pre-existing Condition

In a personal injury lawsuit, you should be able to prove that the car accident, or any accident for that matter, aggravated your pre-existing condition. This situation is common in cases that involve pre-existing injuries, chronic pain, and joint issues. Here’s what you need and what you should do:

• Track any changes in your condition after the accident, such as increased pain and decreased mobility. If necessary, write them down in a journal.
• Include copies of any prescription medications or laboratory tests that the doctor requested.
• Provide copies of medical reports, X-rays, treatment plans, and other diagnostic tests before and after the accident. This shows the impact of the new injury on your pre-existing injury if you have any.
• Secure a physician’s report that details the differences in your condition to solidify your claim.
• If the accident exacerbated your mental health conditions like PTSD and insomnia, obtain a diagnosis and treatment plan from your therapist to present in court. This may help you get a bigger settlement.

Handling Insurance Company Tactics

Insurance companies can downplay your claim at all costs by partially blaming your condition so you’ll receive a low offer. They can argue that your injuries, in the lower hip, for example, are due to your pre-existing back injury or you’re just exaggerating your symptoms. They can also add that the accident didn’t entirely cause your current suffering.

New Injuries

Fairly new accident injuries or even a traumatic brain injury could happen after the accident. If you can prove that you had new injuries following the accident, you may get substantial compensation, including medical bills, lost wages, other treatment costs, and pain and suffering. Severe cases could earn a higher compensation that may cover the victim’s loss of earning capacity.

Parting Words

Pre-existing conditions can play a role in personal injury settlements, but they won’t stop you from receiving enough or even bigger compensation. Proving the aggravation of the condition and gathering solid medical evidence can help you win your case.

But above all else, working with an experienced personal injury attorney may get you a fair settlement. Your New Mexico injury lawyer can compile evidence, give legal advice, and represent you in court if all hopes for a settlement are gone. Your personal injury lawyer is your ally in proving that your injuries deserve to be compensated.